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McGARRY v. COSTELLO

No. 122-69.

260 A.2d 402 (1969)

In re Petition of Michael J. McGARRY v. Edward J. COSTELLO, Judge of the District Court in Chittenden County.

Supreme Court of Vermont. Washington.

December 2, 1969.

Attorney(s) appearing for the Case

Donald E. O'Brien, Burlington, for petitioner.

Patrick J. Leahy, State's Atty., and Joseph E. McNeil, Burlington City Grand Juror, for respondent.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.

HOLDEN, Chief Justice.

This is a petition for a writ of certiorari. The proceedings we are called upon to review resulted from the petitioner's refusal to submit to the testing procedures provided in motor vehicle statutes, commonly referred to as the "implied consent law." The question presented concerns 23 V.S.A. §§ 1188 and 1191.

§ 1188. Consent to blood test implied

Any person who operates...

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